Requirements for lodging a claim
The following requirements are set out in section 18(3) of the Estate Agency Affairs Act No 112 of 1976 for lodging a claim against the fidelity fund:
The claimant must within 6 months after written demand was sent to him by the EAAB, furnish the EAAB with whatever proof the EAAB may require;
The claim must be submitted within 3 months from the date the claimant become aware of the theft of his money by the estate agent, or failure by the estate agent to pay money into his trust account;
The claimant must have dealt with an Estate Agent/ Estate Agency Firm,. Section 1 of the Estate Agency Affairs Act defines an estate agent as any person who for the acquisition of gain, on his own account or in partnership, in any manner holds himself out as a person who, directly or indirectly advertises that he, on instruction of or on behalf of any other person, sells or purchases or publicly exhibits for sale of immovable property, or any business undertaking; or if a company is selling or leasing its own properties cannot in terms of the Estate Agency Affairs Act be classified as an estate agent, or to be acting in the capacity as an estate agency;
The claimant must prove his claim against the Fidelity Fund to the reasonable satisfaction of the EAAB by submitting the under-mentioned documents:
- Affidavit (complaint initiation form) detailing particulars of the claim;
- Copies of proof of payment for example receipts, paidout cheques, bank statements, Audited statements;
- Copy of contract (sale/ lease agreement);
- Details of criminal case opened at the South African Police Service of the Commercial Branch Unit.
The claimant must have exhausted all available legal remedies against the Estate Agent involved, and against other persons responsible for the loss by attaching proof of such, as copy of the summons, judgement obtained, writ of execution etc.